Senate Bill 119
By: Senators Goodman of the 8th, Watson of the 11th, Hatchett of the 50th, Jones II of the
22nd, Summers of the 13th and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Subpart 1 of Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of
Georgia Annotated, relating to general provisions for manufactured or mobile homes, so as
to provide for limited exceptions to circumstances under which a manufactured home shall
become real property; to provide for preservation of rights and remedies of prior holders of
a lien or security interest in certain manufactured homes; to provide for notice and
application requirements; to provide for related matters; to provide for an effective date and
applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Subpart 1 of Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia
Annotated, relating to general provisions for manufactured or mobile homes, is amended by
revising Code Section 8-2-181, relating to manufactured home as personal property,
requirements for real property status, and requirements for Certificate of Permanent
Location, as follows:
"8-2-181.
(a) Except as provided in <del>Subpart 1A of this part</del> <ins>subsections (c) through (f) of Code
Section 8-2-183 and Code Section 8-2-183.1,</ins> a manufactured home shall constitute
personal property and shall be subject to the 'Motor Vehicle Certificate of Title Act,'
Chapter 3 of Title 40, until such time as the home is converted to real property as provided
for in this part <del>or as provided in Subpart 1A of this part.
</del> (b) <ins>Except as otherwise provided in this subpart, a</ins> <del>A</del> manufactured home shall become
real property if:
(1) The home is or is to be permanently affixed on real property and one or more persons
with an ownership interest in the home also has an ownership interest in such real
property; and
(2) The owner of the home <del>and the holders of all security interests therein execute and
file</del> <ins>executes and files</ins> a Certificate of Permanent Location:
(A) In the real estate records of the county where the real property is located; and
(B) With the commissioner.
(c) The Certificate of Permanent Location shall be in a form prescribed by the
commissioner and shall include:
(1) The name and address of the owner of the home;
(2) The names and addresses of the holders of any security interest in and of any lien
upon the home;
(3) The title number assigned to the home;
(4) A description of the real estate on which the home is or is to be located, including the
name of the owner and a reference by deed book and page number to the chain of title of
such real property; and
(5) Any other data the commissioner prescribes."
SECTION 2.
Said subpart is further amended by revising Code Section 8-2-182, relating to recording of
Certificate of Permanent Location, responsibilities of commissioner, and notification to tax
assessors, as follows:
"8-2-182.
(a) When a Certificate of Permanent Location is properly filed with the clerk of superior
court, the clerk shall record such certificate in the same manner as other instruments
affecting the real property described in the Certificate of Permanent Location and shall
charge and collect the fees usually charged for recording deeds and other instruments
relating to real estate. Such certificate shall be indexed under the name of the current
owner of the real property in both the grantor and grantee indexes. The clerk shall provide
the owner with a certified copy of the Certificate of Permanent Location, reflecting its
filing, and shall charge and collect the fees usually charged for the provision of certified
copies of documents relating to real estate.
(b) Upon receipt of a certified copy of a properly executed Certificate of Permanent
Location, along with the certificate of title, the commissioner shall file and retain a copy
of such Certificate of Permanent Location together with all other prior title records related
to the home. When a properly executed Certificate of Permanent Location has once been
filed, the commissioner shall accept no further title filings with respect to that home, except
as may be necessary to correct any errors in the department's records and except as
provided in <ins>subsections (d) and (e) of Code Section 20-2-183 and</ins> Subparts 2 and 3 of this
part.
(c) When a Certificate of Permanent Location is so filed, the commissioner shall <del>issue:
</del> <ins>(1) Issue</ins> to the clerk of the superior court with whom the original Certificate of
Permanent Location was filed confirmation by the commissioner that the Certificate of
Permanent Location has been so filed and the certificate of title has been surrendered; <ins>and
</ins>
<ins>(2) Notify the holders of all security interests listed on the Certificate of Permanent
Location or otherwise listed in the commissioner's records that a Certificate of Permanent
Location has been filed and the certificate of title has been surrendered. Such notification
shall be in writing and sent to each holder of a security interest at the address shown on
the certificate of title or otherwise listed in the commissioner's records.
</ins> (d) Upon receipt of confirmation of the filing of the Certificate of Permanent Location
from the commissioner, the clerk of superior court shall provide a copy of the Certificate
of Permanent Location to the appropriate board of tax assessors or such other local official
as is responsible for the valuation of real property."
SECTION 3.
Said subpart is further amended by revising Code Section 8-2-183, relating to status of home
as part of real property, as follows:
"8-2-183.
(a) When a Certificate of Permanent Location has been properly filed with the clerk of
superior court, a certified copy of the Certificate of Permanent Location is properly filed
with the commissioner, and the certificate of title is surrendered, the home shall become
for all legal purposes a part of the real property on which it is located. Without limiting the
generality of the foregoing, the home shall be subject to transfer by the owner of the real
property, subject to any security interest in the real property and subject to foreclosure of
any such interest, in the same manner as and together with the underlying real property.
(b) When a home has become a part of the real property as provided in this part, it shall
be unlawful for any person to remove such home from the real property except with the
written consent of the owner of the real property and the holders of all security interests in
the real property and in strict compliance with the requirements of Subpart 2 of this part.
Any person who violates this subsection shall be guilty of a misdemeanor of a high and
aggravated nature.
<ins>(c) Notwithstanding subsections (a) and (b) of this Code Section or any other provision of
law to the contrary, the filing of a Certificate of Permanent Location with the clerk of the
superior court, the filing of a certified copy of the Certificate of Permanent Location with
the commissioner, and the surrender of a certificate of title as provided in this subpart shall
not impair the rights and remedies of a prior holder of a lien or security interest in a home
until such lien or security interest has been paid off or satisfied. Such prior holder shall
continue to have all rights and remedies provided by law and by contract in such home as
if such home is classified as personal property and shall continue to have priority in such
home, including the same priority against encumbrancers or owners of the real property
that such prior holder had when such home was classified as personal property. A prior
holder exercising such personal property rights and remedies as described in this subsection
may remove the home from the real property where it is located without the prior written
consent of the owner of such real property or the written consent of the holders of security
interests in such real property and without complying with the requirements of Subpart 2
of this part.
(d) Notwithstanding any other provision of law to the contrary, a holder of a lien or
security interest in a home exercising personal property remedies as described in subsection
(c) of this Code section may apply for a certificate of title in such home as provided in
subsection (a) of Code Section 40-3-34, except the last certificate of title shall not be
required in connection with such application. The commissioner or the commissioner's
duly authorized county tag agent shall issue a new certificate of title to such holder making
an application as provided in Code Section 40-3-35, and such home shall be treated as
personal property for all purposes until later converted to real property as provided for in
this subpart.
(e) Notwithstanding any other provision of law to the contrary, a transferee acquiring a
home from a holder of a lien or security interest in such home exercising personal property
remedies as described in subsection (c) of this Code section may apply for a certificate of
</ins>
<ins>title in such home, as provided in subsection (b) of Code Section 40-3-34, except the last
certificate of title shall not be required in connection with such application. The
commissioner or the commissioner's duly authorized county tag agent shall issue a new
certificate of title to the person making such application as provided in Code
Section 40-3-35, and such home shall be treated as personal property for all purposes until
later converted to real property as provided for in this subpart.
(f) Notwithstanding subsections (a) and (b) of this Code Section or any other provision of
law to the contrary, the filing of a Certificate of Permanent Location with the clerk of the
superior court, the filing of a certified copy of the Certificate of Permanent Location with
the commissioner, and the surrender of a certificate of title under this subpart shall not
impose additional licensing, affirmative conduct, or prohibited acts on the holder of a
personal property lien or security interest on a home or such holder's service providers or
agents."
</ins> SECTION 4.
This Act shall become effective on July 1, 2025, and shall apply to all contracts entered into
on or after such date.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.